Contract that only gives 20 days leave to include bank/public holidays.

[Oh dear]

Hi,

I'd been fortunately until now to work for companies who'd write annual leave as 20 days + bank holidays or the 5.6 weeks allowance inclusive in contracts.

I've had an Employer who had it in their contract holidays were an overall max of 20 days (and out of this their contract said they take bank & public holidays out of these 4 weeks) another company has said this could be done like this, but they were not sure how it's worked out for someone starting part way though a holiday year which makes me wonder if the four weeks is worked out differently across a year as an employee left with 11 or 12 days of their choosing? or do you need to have been in the employment simply where there are bank holidays happening to get holiday pay?

Thank you for any help.

 

[Newchodge]

Suring your first year of employment you are entiled to 1/12 of 5.6 weeks on day 1, a further 1/12 a month later until, by the beginning of month 12 you are entiled to a total of 5.6 weeks. That's the law.

 

[IanSuth]

Even agency workers get that entitlement (not getting into the madness of rolled up holiday pay), no UK employer can pay <5.6 weeks per year - the value of a week being defined by your average hours over the preceding rolling year if not regular

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/901968/calculating-holiday-pay-for-worker-without-fixed-hours-or-pay.pdf

 

[IanSuth]

Actually there is a brand new judgement over exactly what should and shouldnt be done with irregular hours workers as judged by the supreme court yesterday in a case regarding a part time school music teacher

https://www.supremecourt.uk/cases/docs/uksc-2019-0209-judgment.pdf

 

[Newchodge]

Actually there is a brand new judgement over exactly what should and shouldnt be done with irregular hours workers as judged by the supreme court yesterday in a case regarding a part time school music teacher

https://www.supremecourt.uk/cases/docs/uksc-2019-0209-judgment.pdf

Technically, Brazell and Harpur Trust is not brand new. The Supreme Court judgment was isued today, but it upheld the Court of Appeal judgmet handed down in 2019.

 

[IanSuth]

Technically, Brazell and Harpur Trust is not brand new. The Supreme Court judgment was isued today, but it upheld the Court of Appeal judgmet handed down in 2019.

I know it was a 2019 case but as of day before yesterday it has now gone as high up the chain as it will og and is fully precedent setting judegment

 

[Oh dear]

Many thanks, I wasn't someone who worked irregular hours, part time hours or a in a school/education setting.

40+ hours expected per week in a office job for a business less than 2 years old.